Restrooms and transgender rights

Oct. 20, 2011 12:00 AM

Everyone in my office knows I am transgender and am scheduled for surgery. Obviously, not everyone in our multioffice complex where restrooms are shared knows this. Can I use the appropriate restroom for my "new" gender without repercussion?Donald Johnsen

Gallagher & Kennedy
The question is whether the employer (or building owner) may enforce a rule requiring people to use restrooms based on present anatomical status.
In Arizona, "transgender" or "transsexual" status is not a legally protected class, and the federal Civil Rights Act does not contain this prohibition.
Most courts have ruled that anatomically based restrictions on restrooms do not constitute "sex discrimination," when restrictions are based upon concerns about the safety and privacy of all who use the restrooms.
If an employer or building owner wanted to restrict restroom use on the basis of users' present anatomical status, they probably could do so.
If the employee refused, he or she could be subject to discipline, including possible termination.
Lori HigueraFennemore Craig
If the shared restroom is gender-specific and multioccupant, it is likely that you will need the consent of all employers whose employees share this restroom to use the appropriate restroom for your post-transition gender.
While federal workplace-safety laws require your employer to provide you and your co-workers with reasonable access to restroom facilities, there is no federal (or state) anti-discrimination law that requires your employer to accommodate transgender people or to provide single-occupant or gender-neutral restrooms in the workplace.
Given the current status of discrimination law and the privacy concerns of the other employees who share the restroom, it is likely that your employer will require you to use the gender-specific restroom that corresponds to your current gender presentation.
- Compiled byPatricia BathurstSend questions to asktheexperts1@gmail.com or Ask the Experts, 200 E. Van Buren St., Phoenix, AZ 85004.